Proposed Arbitration Advisory Interim No. 2020-0XB (Handling Disputes Regarding Costs and Expenses)

The State Bar seeks public comment on Proposed Arbitration Advisory Interim No. 2020-0XB (Handling Disputes Regarding Costs and Expenses).

Deadline: February 22, 2021

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing arbitration advisories providing guidance to fee arbitrators administering attorney-client fee disputes under the Mandatory Fee Arbitration Program. In accordance with State Bar policy and procedure, the Committee shall publish proposed arbitration advisories for public comment. (See, State Bar Board of Trustee Resolutions September 2018 and January 2020; see also, Board of Trustee Resolutions July 1979, December 2004, and November 2016.)

Discussion/Proposal
California Business and Professions Code sections 6200-6206 confers jurisdiction upon Mandatory Fee Arbitration (MFA) arbitrators to consider and make awards concerning disputes over fees, costs, or both, that are charged to a client in connection with professional services rendered by an attorney. The purpose of an arbitration advisory is to provide guidance to MFA arbitrators regarding disputes or issues that may arise in connection with MFA arbitrations.

Proposed Arbitration Advisory Interim No. 2020 0XB is intended to summarize existing law and to provide guidance to MFA arbitrators on disputes over costs and expenses that may arise from time to time in connection with MFA arbitrations.

At its October 23, 2020, meeting and in accordance with its Rules of Procedure, COPRAC tentatively approved Proposed Arbitration Advisory Interim No. 2020-0XB for a 90-day public comment distribution.

Any fiscal/personnel impact

None

Background material
Source

State Bar Standing Committee on Professional Responsibility and Conduct

Deadline

February 22, 2021

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.